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Case C-490/08: Judgment of the Court (Fifth Chamber) of 30 June 2009 — Commission of the European Communities v Kingdom of Belgium. (Failure of Member State to fulfil its obligations — Directive 2005/68/EC — Reinsurance — Failure to adopt within the prescribed period)
ECLI:EU:UNKNOWN:62008CA0490
62008CA0490
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29.8.2009
Official Journal of the European Union
C 205/11
(Case C-490/08)
(Failure of Member State to fulfil its obligations - Directive 2005/68/EC - Reinsurance - Failure to adopt within the prescribed period)
2009/C 205/20
Language of the case: French
Parties
Applicant: Commission of the European Communities (represented by: N. Yerrell, acting as Agent, acting as Agent)
Defendant: Kingdom of Belgium (represented by: D. Haven, acting as Agent)
Re:
Failure of Member State to fulfil its obligations — Failure to adopt or communicate, within the prescribed period, the measures necessary to comply with Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC and 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC (OJ 2005 L 323, p. 1)
Operative part of the judgment
The Court:
1.Declares that by not adopting all the laws, regulations and administrative provisions necessary to comply with Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC and 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC or, in any event, by not communicating those measures to the Commission, the Kingdom of Belgium has failed to fulfil its obligations under that directive;
2.Orders the Kingdom of Belgium to pay the costs.
(<span class="super">1</span>) OJ C 6, 10.01.2009.